The Research Of The Legislative Debates And Law Applied To The Crime Of Refused To Pay Remuneration For Labor

The arguments of Malicious Wages in social now seemed not to slumber, though the Amendment (VIII) to the Criminal the People’s Republic of China Law has been carried out. The arguments we discussed before are mostly focus on the problem that whether the behavior of malicious wages should incriminate to crime, and if, the rationality of incriminated. However, with the formal vote of the Amendment (VIII) to the Criminal Law of the People’s Republic of China in the11th of the19th Meeting of the Standing Committee of National People’s Congress, Feb25,2011, numerous discusses are center on how to make the act of refused to pay remuneration for labor better effective after it is incriminated to crime, that is, the problem of law applied. But there is not a feasible model to promote the crime of refused to pay remuneration for labor to putting into judicial practice until now. That is why we often hear in the public opinions that someone who is convicted on account of Dangerous Driving Sin, but have rarely seen anyone who is convicted by the crime of refused to pay remuneration for labor because of malicious arrears of salary.Firstly, the thesis will mainly start from the general situation of Malicious Wages, and combined with the relevant results or researches from domestic and foreign scholars, then defining the nature of the crime of refused to pay remuneration for labor. According to the angle of the author of this thesis, only do an accurate definition of the nature of acts, can a strict distinction between crime and no crime, this crime and other crime be realized. Meanwhile, the author of this thesis will expound the rationality and necessity of put the crime of refused to pay remuneration for labor into the scale of crime, and analyze whether there is a conflict between the acts of refused to pay remuneration for labor and the theory of restraining criminal law. Secondly, the thesis will draw research and lesson on the regulatory measures and practical experience of the behavior of refused to pay remuneration for labor among different legal systems at home and abroad, and then analyze the similarities and differences that existed in China. Thirdly, how to put the rule into practice after the crime of refused to pay remuneration for labor has been taken effect is the core of the whole thesis. Therefore, justice and law enforcement agencies enable to administering the law in accordance with the standards and scales by research of the constitutional elements of crime. Only in this way, the legal thought of legislation for the people can be truly reflected.The author of this thesis hopes that the thesis can put forward related opinions to helping the judicial office to define the crime of refused to pay remuneration for labor in a sense of definition, assessment and application by the research of elements in the crime of refused to pay remuneration for labor.